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JonBenet Case DNA Evidence to be Re-examined
Fox News reports that new DNA technology will move forward the stagnant unresolved murder case of JonBenet Ramsey. The report indicates Colorado authorities will re-examine DNA evidence that may have been misinterpreted by investigators, flaws found by a news organization. JonBenet’s body was found the day after Christmas in the basement of her family home. “In 2008, prosecutors cleared her parents and brother, saying DNA on the girl’s underwear didn’t match anyone in the family.” [1]
JonBenet’s brother Burke recently broke his long-standing silence on the Dr. Phil show. [4] He claims he is innocent of all accusations and suspicions that he had any involvement in the violent crime of his sister’s unsolved murder. In the interview with Dr. Phil, Burke Ramsey says, “I don’t want anybody to stop working on the case. …Focus on finding the real killer and not bogus theories about me and my parents.” [5]
Criminal Justice
According to the Department of Justice, “The past decade has seen great advances in a powerful criminal justice tool: deoxyribonucleic acid, or DNA. DNA can be used to identify criminals with incredible accuracy when biological evidence exists. By the same token, DNA can be used to clear suspects and exonerate persons mistakenly accused or convicted of crimes. In all, DNA technology is increasingly vital to ensuring accuracy and fairness in the criminal justice system.” [2]
Sex Crimes
If new DNA technology is able to solve the JonBenet case, it would not be the first time a decades-old case is solved by new DNA testing. The BBC reports this month, Jon Bainridge is now going back to jail for the rape and sexual crimes committed on a woman in front of her two children. Bainridge was previously convicted for the murder and rape of another woman in a similar case that authorities suspected were linked but could not prove. Advances in DNA testing are credited with solving the second decades-old crime. “Lawrence English, from the Crown Prosecution Service, said the case shows how valuable it is to preserve all evidence in a case. ‘There is no doubt that this conviction was made possible by the decisions by the police all the way back in 1986 to keep and preserve the samples, despite not knowing how DNA technology would develop,’ he said.” [3]
SOURCES
1. Staff. December 14, 2016. Fox News.
2. Department of Justice. “Advancing Justice Through DNA Technology: Using DNA to Solve Crimes.” Retrieved on December 14, 2016 via https://www.justice.gov/ag/advancing-justice-through-dna-technology-using-dna-solve-crimes.
3. BBC. “A convicted murderer has been given a second life sentence for a rape he committed 30 years ago – thanks to advances in DNA testing.” Retrieved via http://www.bbc.com/news/uk-england-nottinghamshire-38269711.
4. Dr. Phil. August 1, 2016. “A Dr. Phil Exclusive: JonBenet Ramsey’s Brother, Burke, Breaks His Silence.” Retrieved via http://www.drphil.com/advice/a-dr-phil-exclusive-jonbenet-ramseys-brother-burke-breaks-his-silence/.
5. Dr. Phil. September 19, 2016. “Who Killed Child Beauty Queen JonBenet Ramsey?” Retrieved via http://www.drphil.com/shows/who-killed-child-beauty-queen-jonbenet-ramsey/.
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Drinking in High School, the Fun Never Ends: DUI Under 21
Drinking in high school can lead to DUI under 21 charges. I have four high school students, and I constantly hear from them about their “friends” who are drinking already. Now, we all know that it is illegal to drink alcohol before you are 21 years old. But, what are the consequences of drinking alcohol before you are 21 years old?
If you drink and drive and you are under 21, there are some major consequences. First, it is important to point out that if you are under 21 and you are driving, the legal limit is 0.00. So, you can suffer consequences if your blood alcohol level is 0.01 or higher. California Vehicle Code Section: 23136 makes it unlawful for someone under the age of 21 to operate a Motor Vehicles. If the California Department of Motor Vehicles find that you drove a motor vehicle when you had a BAC of .01 or higher, they will suspend your driver’s license for 12 months, or they will delay your ability to obtain a driver’s license for 12 months. Vehicle Code Section 13353.2.
You may say, “then I won’t drive.” This is a smart decision, but if you are under 21 and you are found in possession of alcohol (violation of Business and Professions Code Section 25662), you will lose your license for a period of 12 months (Vehicle Code Section 13202.5). Or if you drink and then go out in public and you are convicted of being drunk in public (Penal Code Section 647(f)), then you lose your license for one year also (Vehicle Code Section 13202.5).
Then there are the “unforeseen consequences.” If the DMV decides that you were under 21 and you drove a motor vehicle with a blood alcohol level of 0.01 or higher, and they suspend your license for one year (even if no Court takes any action against you), and within 10 years you are charged with driving with a blood alcohol level of 0.08 or higher (Vehicle Code Section 23152), the Courts may see this as your first offense, but the DMV will consider it your second offense, and you may lose your license for an additional year, and may have to complete an 18 month Multiple Offender DUI program in order to get your license back.
Additionally, a conviction for a DUI or a minor in possession or Under 21 Driving Under the Influence, may prevent you from a career in many fields. Many law enforcement agencies will not hire someone convicted of any of these charges. Some branches of the Military will not recruit anyone who is on probation or may not be allowed to drive. Be aware of the risks you take if you are under 21 and decide to drink alcohol. That “one beer” may affect the rest of your life, and I doubt it will be worth it in the long run.
If you are arrested for any of these offenses, hire a skilled criminal defense attorney to help you immediately.
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DUI Arrest Case What Not to Do: Don’t Make Junior Take the Wheel
There are many creative ways to avoid a DUI conviction. One is to not drive after you drink. However, if you find yourself in the unfortunate situation of being pulled over under suspicion of drunk driving, this is a DUI arrest case of what not to do. Don’t make junior take the wheel.
According to a report from CBS Austin, Hector Villarreal, age 53 of Austin Texas, did just that. He asked his passenger to drive. Villarreal decided that the best option was to change seats, and let someone who was not drunk be in the driver’s seat when he was pulled over (since he knew he was going to be pulled over).
Mr. Villarreal’s problem was that his passenger was his 15-year-old son. No, Mr. Villarreal is not going to win any “Father of the Year” competitions, but apparently, he did teach his son to tell the truth. So upon questioning, the child informed the police that his father was the driver up to the point they were going to be pulled over. According to the report, “the teenager told the police his father was driving from Round Rock when he saw the patrol car and ask him to get behind the wheel and start driving.” [1]
DUI Arrest Case
Needless to say, after 3 or more prior Driving While Intoxicated convictions, Mr. Villarreal is facing Felony DUI charges in Texas. The nearly empty bottle of Jim Beam in his pocket will not help his case either.
Now, the “learning moment” of this story, is that you should not drink and drive, and if you do, don’t let your honest 15-year-old son behind the wheel.
According to the report, Villarreal admitted to taking medication prior to the incident. Don’t say, “I took a bunch of pills before I started driving.” That is not a defense, and it does nothing to help your case. Don’t make up a story, just remain silent. The police hate that, but it really can benefit your case.
Source
1. Katherine Rodriguez. December 12, 2016. CBS Austin. Retrieved via http://keyetv.com/news/local/apd-drunk-man-concerned-about-dwi-makes-15-year-old-son-drive
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Simi Valley Arrest Highlights California Hate Crimes Law
A Simi Valley arrest over the weekend highlights California hate crimes law as 2016 comes to a close. According to a CBS Local report, John Matteson was arrested for suspicion of a hate crime in Simi Valley, California. [1] Matteson was arrested in connection to a stabbing incident outside of a mosque on Erringer Road in the town most known for the Ronald Reagan Library.
The Ventura County Sheriff’s website lists Matteson’s age at 29 and bail at $25,000.00. He is charged with two felonies and a misdemeanor. “Code:PC Sec:422 Level:Felony Criminal Threats Code:PC Sec:422.7 Level:Felony Violation Of Civil Rights Code:PC Sec:415(1) Level:Misdemeanor Disturbing The Peace By Fighting.” [10]
California Penal Code Section 422.7 states:
“Except in the case of a person punished under Section 422.6, any hate crime that is not made punishable by imprisonment in the state prison shall be punishable by imprisonment in a county jail not to exceed one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine not to exceed ten thousand dollars ($10,000), or by both that imprisonment and fine, if the crime is committed against the person or property of another for the purpose of intimidating or interfering with that other person’s free exercise or enjoyment of any right secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States under any of the following circumstances, which shall be charged in the accusatory pleading:
(a) The crime against the person of another either includes the present ability to commit a violent injury or causes actual physical injury.
(b) The crime against property causes damage in excess of nine hundred fifty dollars ($950).
(c) The person charged with a crime under this section has been convicted previously of a violation of subdivision (a) or (b) of Section 422.6, or has been convicted previously of a conspiracy to commit a crime described in subdivision (a) or (b) of Section 422.6.” [11]
If, as initial reports allege, this crime was motivated by hate, then it may be subject to California Penal Code Section 422.6, which states in section (a) that, ”No person, whether or not acting under color of law, shall by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States in whole or in part because of one or more of the actual or perceived characteristics of the victim listed in subdivision (a) of Section 422.55.” (Section 422.55 explained below.) [9]
Simi Valley is a town with a historically low crime rate, which is why this case is raising community eyebrows. “The crime rate in Simi Valley, CA is 57% lower than the average of the whole of the state of California, and when compared with the national average, is 54% lower than. When looking at violent crimes, Simi Valley, CA has 68% lower than violent crime rate than California average, while remaining 63% lower than the national average. In property crime, Simi Valley, CA is 55% lower than the average of California and is 52% lower than the national average.” [4]
Contrary to public perception, according to Pew Research Center, crime rates overall are down. “Between 2008 and 2015 (the most recent year for which data are available), U.S. violent crime and property crime rates fell 19% and 23%, respectively, according to the FBI’s Uniform Crime Reporting Program, which tallies serious crimes reported to police in more than 18,000 jurisdictions around the nation.” [2]
Hate Crimes
But what does this mean for hate crimes? Where do they rank? Hate crimes seem to vacillate from year to year with no large swing up or down when you look at FBI reports for 2015, 2014, and 2013.
The FBI tallies hate crimes year by year and the federal agency reports that in 2015, “14,997 law enforcement agencies participated in the Hate Crime Statistics Program. Of these agencies, 1,742 reported 5,850 hate crime incidents involving 6,885 offenses.” [3]
“In 2014, 15,494 law enforcement agencies participated in the Hate Crime Statistics Program. Of these agencies, 1,666 reported 5,479 hate crime incidents involving 6,418 offenses.” [5]
“The UCR Program’s Hate Crime Statistics Program included 15,016 participating law enforcement agencies in 2013. These agencies provided 1 to 12 months of data about bias-motivated crime, and of those agencies, 1,826 (12.2 percent) reported 5,928 incidents.” [6]
California Hate Crime Law
The legal definition of hate crime as defined by California Penal Code Section 422.55 is as follows:
“‘Hate crime’ means a criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim:
(1) Disability.
(2) Gender.
(3) Nationality.
(4) Race or ethnicity.
(5) Religion.
(6) Sexual orientation.
(7) Association with a person or group with one or more of these actual or perceived characteristics.
(b) “Hate crime” includes, but is not limited to, a violation of Section 422.6.” [8]
Enhanced Sentencing for Hate Crimes
In the state of California, “Hate Crime” law is governed by the 2016 California Rules of Court, Rule 4.427, which is “intended to assist judges in sentencing in felony hate crime cases.” [7] The rule is applicable to the following per Courts.Ca.Gov:
“(1)Felony sentencing under section 422.7;
(2)Convictions of felonies with a hate crime enhancement under section 422.75; and
(3)Convictions of felonies that qualify as hate crimes under section 422.55.” [7]
The rule states, “If one of the three factors listed in section 422.7 is pled and proved, a misdemeanor conviction that constitutes a hate crime under section 422.55 may be sentenced as a felony.” [7]
In addition, “If a hate crime enhancement is pled and proved, the punishment for a felony conviction must be enhanced under section 422.75 unless the conviction is sentenced as a felony under section 422.7.” [7]
SOURCES
1. Staff. December 12, 2016. CBS Local News. “Man Arrested On Suspicion Of Committing Hate Crime In Simi Valley.” Retrieved via http://losangeles.cbslocal.com/2016/12/12/simi-valley-hate-crime-arrested/
2. John Gramlich. November 16, 2016. Pew Research Center. “Voters’ perceptions of crime continue to conflict with reality.” Retrieved via http://www.pewresearch.org/fact-tank/2016/11/16/voters-perceptions-of-crime-continue-to-conflict-with-reality/.
3. FBI. Hate Crime Statistics. 2015. “Incidents and Offenses.” Retrieved via .
4. December 12, 2016. AreaVibes.com. “Simi Valley CA Crime.” Retrieved via http://www.areavibes.com/simi+valley-ca/crime/.
5. FBI. Hate Crime Statistics. 2014. “Incidents and Offenses.” Retrieved via
6. FBI. Hate Crime Statistics. 2013. “Hate Crime Jurisdiction Final.” Retrieved via .
7. The State of California. “2016 California Rules of Court. Rule 4.427. Hate crimes.” Retrieved via http://www.courts.ca.gov/cms/rules/index.cfm?title=four&linkid=rule4_427.
8. Findlaw.com. Retrieved on December 12, 2016 via http://codes.findlaw.com/ca/penal-code/pen-sect-422-55.html.
9. Findlaw.com Retrieved on December 12, 2016 via http://codes.findlaw.com/ca/penal-code/pen-sect-422-6.html.
10. Ventura County Sheriffs Website. Retrieved on December 12, 2016 via http://www.vcsd.org/pr-inmate-detail.php?booking_nbr=2001255.
11. Findlaw.com Retrieved on December 12, 2016 via http://codes.findlaw.com/ca/penal-code/pen-sect-422-7.html.
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Embryos of Sofia Vergara Suing the Actress for Inheritance
The embryos of Sofia Vergara are suing the Modern Family actress for their alleged inheritance, according to a report out today by Fox News. [1] What does this mean in legal terms? The law is unclear here. Things change at a rapid pace in the medical and technology world, but legislation tends to trail far behind. As these high-profile cases come to light, more couples may turn to lawyers to discuss and agree upon custody of embryos in advance to avoid legal challenges later.
According to the report, Vergara is being sued on behalf of her fertilized eggs. And, the suit is the second one in regard to the embryos. The first was filed by her former fiance, Nick Loeb. The first custody lawsuit was filed in California. This new lawsuit is filed in the state of Louisiana where Loeb reportedly, “has ties.” [1] An MSN report states that the are “pre-embryos” and the actress is “being sued by a Louisiana pro-life group representing the frozen fertilized eggs, which are stored in an Los Angeles facility.” [3]
Sofia Vergara Embryos Lawsuit
Criminal Defense lawyer Darren Kavinoky, founding attorney of 1.800.NoCuffs and The Kavinoky Law Firm, explains, “This is yet one more example of how the law has historically struggled to keep pace with societal and scientific advances.”
Criminal defense lawyer and TV legal analyst Darren Kavinoky says he sees this all the time in a variety of legal areas, not just the criminal defense and DUI defense law he emphasizes. “Besides the celebrity factor,” adds Kavinoky, “the truly interesting facet of the case is when life is legally deemed to begin. That,” says Kavinoky, “is a thorny issue the courts have wrestled with for decades.”
What are child custody laws in Louisiana?
The child custody laws in Louisiana, according to Find Law, currently state, “The court shall award custody in accordance with the parents’ agreement, unless the best interests of the child require otherwise. If there is no agreement or if the agreement is not in the best interests of the child, the court shall award joint custody, unless custody by one parent is shown by clear and convincing evidence to serve the child’s best interests. Factors for determining the child’s best interests include a stable environment and the primary caretaker preference. The parent not awarded custody is entitled to reasonable visitation.” [2]
SOURCES
1. Find Law. Retrieved on December 7, 2016 via http://family.findlaw.com/child-custody/child-custody-summaries-of-state-laws.html.
2. Gina Vivinetto. MSN. “‘Modern Family’ star Sofia Vergara sued by her own frozen embryos.” Retrieved via .
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